Terms and Conditions of Use

We have taken every effort to design our Web site to be useful, informative, helpful, honest and fun. Hopefully we’ve accomplished that — and would ask that you let us know if you’d like to see improvements or changes that would make it even easier for you to find the information you need and want.

All we ask is that you agree to abide by the following Terms and Conditions. Take a few minutes to look them over because by using our site you automatically agree to them. Naturally, if you don’t agree, please do not use the site. We reserve the right to make any modifications that we deem necessary at any time. Please continue to check these terms to see what those changes may be! Your continued use of the Electricbikechoice.com Web site means that you accept those changes. 

THANKS AGAIN FOR VISITING! 

Restrictions on Use of Our Online Materials

All Online Materials on the Electricbikechoice.com site, including, without limitation, text, software, names, logos, trademarks, service marks, trade names, images, photos, illustrations, audio clips, video clips, and music are copyrighted intellectual property. All usagerights are owned and controlled by Electricbikechoice.com. You, the visitor, may download Online Materials for non-commercial, personal use only provided you 1) retain all copyright, trademark and propriety notices, 2) you make no modifications to the materials, 3) you do not use the materials in a manner that suggests an association with any of our products, services, events or brands, and 4) you do not download quantities of materials to a database, server, or personal computer for reuse for commercial purposes. You may not, however, copy, reproduce, republish, upload, post, transmit or distribute Online Materials in any way or for any other purpose unless you get our written permission first. Neither may you add, delete, distort or misrepresent any content on the Electricbikechoice.com site. Any attempts to modify any Online Material, or to defeat or circumvent our security features is prohibited.

Everything you download, any software, plus all files, all images incorporated in or generated by the software, and all data accompanying it, is considered licensed to you by Electricbikechoice.com or third-party licensors for your personal, non-commercial home use only. We do not transfer title of the software to you. That means that we retain full and complete title to the software and to all of the associated intellectual-property rights. You’re not allowed to redistribute or sell the material or to reverse-engineer, disassemble or otherwise convert it to any other form that people can use.  

Submitting Your Online Material to Us

All remarks, suggestions, ideas, graphics, comments, or other information that you send to Electricbikechoice.com through our site (other than information we promise to protect under our privacy policy becomes and remains our property, even if this agreement is later terminated.

That means that we don’t have to treat any such submission as confidential. You can’t sue us for using ideas you submit. If we use them, or anything like them, we don’t have to pay you or anyone else for them. We will have the exclusive ownership of all present and future rights to submissions of any kind. We can use them for any purpose we deem appropriate to our Electricbikechoice.com mission, without compensating you or anyone else for them. 

You acknowledge that you are responsible for any submission you make. This means that you (and not we) have full responsibility for the message, including its legality, reliability, appropriateness, originality, and copyright.  

Limitation of Liability

Electricbikechoice.com WILL NOT BE LIABLE FOR ANY DAMAGES OR INJURY THAT ACCOMPANY OR RESULT FROM YOUR USE OF ANY OF ITS SITE.

THESE INCLUDE (BUT ARE NOT LIMITED TO) DAMAGES OR INJURY CAUSED BY ANY: 

·       USE OF (OR INABILITY TO USE) THE SITE  

·       USE OF (OR INABILITY TO USE) ANY SITE TO WHICH YOU HYPERLINK FROM OUR SITE  

·       FAILURE OF OUR SITE TO PERFORM IN THE MANNER YOU EXPECTED OR DESIRED  

·       ERROR ON OUR SITE  

·       OMISSION ON OUR SITE  

·       INTERRUPTION OF AVAILABILITY OF OUR SITE  

·       DEFECT ON OUR SITE  

·       DELAY IN OPERATION OR TRANSMISSION OF OUR SITE  

·       COMPUTER VIRUS OR LINE FAILURE  

·       PLEASE NOTE THAT WE ARE NOT LIABLE FOR ANY DAMAGES, INCLUDING:      

o      DAMAGES INTENDED TO COMPENSATE SOMEONE DIRECTLY FOR A LOSS OR INJURY  

o      DAMAGES REASONABLY EXPECTED TO RESULT FROM A LOSS OR INJURY (KNOWN IN LEGAL TERMS AS “CONSEQUENTIAL DAMAGES.”)  

o      OTHER MISCELLANEOUS DAMAGES AND EXPENSES RESULTING DIRECTLY FROM A LOSS OR INJURY (KNOWN IN LEGAL TERMS AS “INCIDENTIAL DAMAGES.”)  

WE ARE NOT LIABLE EVEN IF WE’VE BEEN NEGLIGENT OR IF OUR AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR BOTH. 

EXCEPTION: CERTAIN STATE LAWS MAY NOT ALLOW US TO LIMIT OR EXCLUDE LIABILITY FOR THESE “INCIDENTAL” OR “CONSEQUENTIAL” DAMAGES. IF YOU LIVE IN ONE OF THOSE STATES, THE ABOVE LIMITATION OBVIOUSLY WOULD NOT APPLY WHICH WOULD MEAN THAT YOU MIGHT HAVE THE RIGHT TO RECOVER THESE TYPES OF DAMAGES. 

HOWEVER, IN ANY EVENT, OUR LIABILITY TO YOU FOR ALL LOSSES, DAMAGES, INJURIES, AND CLAIMS OF ANY AND EVERY KIND (WHETHER THE DAMAGES ARE CLAIMED UNDER THE TERMS OF A CONTRACT, OR CLAIMED TO BE CAUSED BY NEGLIGENCE OR OTHER WRONGFUL CONDUCT, OR THEY’RE CLAIMED UNDER ANY OTHER LEGAL THEORY) WILL NOT BE GREATER THAN THE AMOUNT YOU PAID IF ANYTHING TO ACCESS OUR SITE. 

Links to Other Site

We sometimes provide referrals to and links to other World Wide Web sites from our site. Such a link should not be seen as an endorsement, approval or agreement with any information or resources offered at sites you can access through our site. If in doubt, always check the Uniform Resource Locator (URL) address provided in your WWW browser to see if you are still in a Electricbikechoice.com-operated site or have moved to another site. Electricbikechoice.com is not responsible for the content or practices of third party sites that may be linked to our site. When Electricbikechoice.com provides links or references to other Web sites, no inference or assumption should be made and no representation should be inferred that Electricbikechoice.com is connected with, operates or controls these Web sites. Any approved link must not represent in any way, either explicitly or by implication, that you have received the endorsement, sponsorship or support of any Electricbikechoice.com site or endorsement, sponsorship or support of Electricbikechoice.com, including its respective employees, agents or directors.

Termination of This Agreement

This agreement is effective until terminated by either party. You may terminate this agreement at any time, by destroying all materials obtained from all Electricbikechoice.com Web site, along with all related documentation and all copies and installations. Electricbikechoice.com may terminate this agreement at any time and without notice to you, if, in its sole judgment, you breach any term or condition of this agreement. Upon termination, you must destroy all materials. In addition, by providing material on our Web site, we do not in any way promise that the materials will remain available to you. And Electricbikechoice.com is entitled to terminate all or any part of any of its Web site without notice to you.  

Jurisdiction and Other Points to Consider

If you use our site from locations outside of Canada, you are responsible for compliance with any applicable local laws.

These Terms of Use shall be governed by, construed and enforced in accordance with the laws of the Province of Ontario, as it is applied to agreements entered into and to be performed entirely within such jurisdiction.  

To the extent you have in any manner violated or threatened to violate GPSReviewsBog.com and/or its affiliates’ intellectual property rights, Electricbikechoice.com and/or its affiliates may seek injunctive or other appropriate relief in any provincial or federal court in the Province of Ontario, and you consent to exclusive jurisdiction and venue in such courts. 

Any other disputes will be resolved as follows: 

This policy and the use of this Site are governed by Ontario law. If a dispute arises under this Policy we agree to first try to resolve it with the help of a mutually agreed-upon mediator in the following location: Burlington, Ontario. Any costs and fees other than attorney fees associated with the mediation will be shared equally by each of us. 

If it proves impossible to arrive at a mutually satisfactory solution through mediation, we agree to submit the dispute to binding arbitration at the following location: Burlington Ontario, in accordance with the laws of the Province of Ontario and the then current Rules of Procedure for Commercial Arbitration of the ADR Institute of Canada, Inc. ( www.amic.org ) (“Institute”). The arbitration tribunal shall consist of three (3) arbitrators chosen by the parties from a slate of eight (8) proposed arbitrators provided by the Institute. If the parties are unable to agree on all three arbitrators within seven (7) days after receipt of the slate provided by the Institute, the Institute shall appoint the number of arbitrators the parties have been unable to agree upon from the slate. The decision of the tribunal shall be final and binding and no appeal shall lie therefrom. The tribunal shall have the power to order one party to contribute to the reasonable costs and expenses of the other party, or to pay all or any portion of the costs of the arbitration, as the panel determines in its discretion.   

Standard Canada/US Cross-Border Arbitration Clause

In the event that any dispute shall occur among the parties to this agreement with respect to any matter related to the agreement which can not be resolved by the mutual agreement of the parties, including but not limited to the interpretation or application of any term of this agreement, or the determination of whether any party is in default of their obligations under this agreement, or the assessment of any damages suffered by any party as a result of a default by any other party under this agreement, then the matter in dispute may be resolved by binding arbitration at the option of any party who may at any time require arbitration (including before or after the commencement of any litigation between the parties) by giving written notice of the requirement for arbitration (included a statement of the matter to be arbitrated) to all the other parties to this agreement andwe agree to submit the dispute to binding arbitration at the following location: Burlington, Ontario . Any such arbitration shall proceed in accordance with the then current International Arbitration Rules of the American Arbitration Association (“AAA”), except as modified by this paragraph. The panel of arbitrators shall consist of three arbitrators chosen by the parties from a slate of at least eight candidates provided by the AAA, or chosen by the AAA if the parties can not agree upon the three arbitrators within five business days of delivery of the original slate by the AAA to the parties, provided that one arbitrator shall be a Canadian national and Canadian resident, one arbitrator shall be a US national and US resident, and one arbitrator shall be a national and a resident of a country other than Canada or the United States. The decision of the arbitrators shall be final and binding and no party shall have rights of appeal. Provided that the existence of the arbitration proceedings set out above shall not prevent any party from seeking the appropriate interim, injunctive or equitable relief from a court of competent jurisdiction during the course of any dispute or arbitration proceeding and pending the outcome of same.

Electricbikechoice.com may modify these Terms of Use, and the agreement they create, at any time, simply by updating this posting and without notice to you. This is the ENTIRE agreement regarding all the matters that have been discussed.